Amend The Force Driving Act 1967 (31 Kfg Novella) And The Driver's License Law (15 Fsg Novella)

Original Language Title: Änderung des Kraftfahrgesetzes 1967 (31. KFG-Novelle) und des Führerscheingesetzes (15. FSG-Novelle)

Read the untranslated law here: https://www.global-regulation.com/law/austria/2996698/nderung-des-kraftfahrgesetzes-1967-%252831.-kfg-novelle%2529-und-des-fhrerscheingesetzes-%252815.-fsg-novelle%2529.html

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43. Federal law that modifies the motor vehicles Act 1967 (31 KFG Novella) and the driver's license law (15 FSG Novella)

The National Council has decided:

Article 1

Amendment of the force driving Act 1967 (31 KFG Novella)

The motor vehicles Act 1967, BGBl. No. 267, as last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. Article 2, paragraph 1 Z 15b is:



"(15B. Leichtmotorrad ein Motorrad oder ein Motorrad MIT Beiwagen MIT a) of an engine power not exceeding 35 kW and b) a ratio of power/unladen weight not exceeding 0,2 kW/kg from a vehicle with more than the twice the engine power derived it not;"

2. § 2 para 1 No. 18 is omitted.

3. in article 3, paragraph 2, the comma after the word "trailer - working machines" and the expression "disabled motor vehicle" are eliminated.

4. paragraph 4 paragraph 7a:

"(7a) for cars with trailers the total of weight and the sum of the axle loads of 40 000 kg, in advance - and trailer transport 44 000 kg, and the transport of round timber from the forest or in the collection of raw milk to the nearest railheads technically suitable or to a processing plant, may have up to a maximum 100 km as the crow flies, if the rear axle of the trailer double tyres or an equivalent of the twin tyres tyres is fitted or both vehicles more than two axes" , do not exceed 44 000 kg. The greatest length of cars with trailers not exceed 16,5 m 18.75 m, of articulated vehicles however."

5. § 6 par. 2 lit. c is eliminated.

6. in section 6 paragraph 9 deleted the term "invalidity and".

7 according to § 14 para 6, the following paragraph 6 c b shall be inserted:

"(6c) on motor vehicles of categories N2 with a maximum mass of not more than 7.5 t and N3, as well as special cars derived from such vehicles and self-propelled work machines conspicuous markings in the sense of ECE Regulation No. 104 must be installed." On vehicles with a



1. width of more than 2 100 mm must back a full contour markings and 2 length of more than 6 m must be attached on the side of a partial contour marking. This does not apply for chassis cabs, incomplete vehicles and tractor vehicles. It is not possible to install the mandatory contour marking, because the form, construction, the design or the operating conditions a line marking should be attached. A line marker ranges generally on fire trucks. This can be also interrupted depending on the construction of the vehicle."

8. in article 16 be attached following paragraph 5 and 6:

"(5) trailers of class O2, O3 and O4, must be back anyway, equipped more than 6 m in length with one or two, with two, reversing, with which white light; can be broadcast they must be designed so that with them other road users can not be hidden and only light can be broadcast if the reversing device is switched on. Reverse lights are not required for trailers, which are intended to be drawn, with farm tractors.

(6) to followers of the classes of O3 and O4, conspicuous markings in the sense of ECE Regulation No. 104 must be attached. On such trailers with one



1. width of more than 2 100 mm must back a full contour markings and 2 length of more than 6 m must be attached on the side of a partial contour marking. This shall not apply in the case of trailers, which are intended to be used with farm tractors. It is not possible to install the mandatory contour marking, because the form, construction, the design or the operating conditions a line marking should be attached. Fire true vehicles generally match a line marker. This can be also interrupted depending on the construction of the vehicle."

9 § 18 para 2 subpara 1 is eliminated.

10 paragraph 19 paragraph 1:

"(1) apart from the vehicles that are regulated in § 15 vehicles fitted with direction indicators must be equipped, their flashing lights (para. 2) are symmetrical to the median longitudinal plane of the vehicle and be fitted so that from the front and rear at least two symmetrical to the median longitudinal plane of the vehicle this are visible; If you however compelling reasons, flashing lights can also not symmetrical be attached to the longitudinal median plane of the vehicle; must have additional side direction indicator lamps for motor vehicles of categories M and N. The flashing lights attached to one side of the vehicle must be activated and deactivated by same actuation device. You must only be activated and deactivated when the flashing lights of the other side are turned off. The handlebar can recognize from his position, the flashing lights of the vehicle driven by him and one are effective with this solid trailer (paragraph 3)."

11 § 20 para 1 No. 4 lit. b is as follows:



"b) vehicles, which are used in the field of military personal protection, the military patrol and demining service," 12. In § 22 para 6 is the reference "article 20 par. 1 lit. d"replaced by" section 20 para 1 No. 4 ".

13. According to article 24, paragraph 5, the following paragraph 5a is inserted:

"(5a) the Governor has regularly to check whether the conditions for granting the authorization still exist and if the tests are performed correctly. He may make orders to correct deficiencies. The orders of the Governor is to meet immediately. If necessary, the exclusion of certain persons from these activities can be arranged."

14. under Article 24a, paragraph 6, the following paragraph 6a is inserted:

"(6a) the provisions of § 24 para 5 of withdrawal of authorization and of section 24 para 5a on regular monitoring by the Governor and the possibility to issue orders to remedy deficiencies and to exclude when necessary certain persons of this activity also apply to appropriations relating to installation and testing of speed limitation devices."

15. in article 28a paragraph 6, the expression "96/96/EC" is replaced by "2009/40/EC, OJ L. No. 141, by May 6, 2009, S 12 ".

16 in section 28, the expression "96/96/EC" is replaced by "2009/40/EC" b paragraphs 1 and 5.

17 § 37 para 2 lit. h is as follows:



"h) for vehicles subject to recurring review the last opinion issued for the vehicle in accordance with section 57a subsection 4, unless already a recurring inspection has become due and the opinion not yet in the assessment database badge in accordance with § 57 c is stored." If in the cases of § 28a, article 6 or of paragraph 28 b (1) and 5 required positive opinion pursuant to § 57a has been replaced by the detection of a positive result of a technical inspection within the meaning of Directive 2009/40/EC, is this evidence to present and to recognise, if still no more recurring assessment became due. In the case of a rental of vehicle from another EU Member State the inspection report last issued in the Member State concerned shall be provided, insofar as already a recurring inspection is due. "

18 § 39 para 1 is as follows:

"May be; approved only for certain road trains of this kind (routes) (1) vehicles approved under the condition that they be used only on certain types of roads, This approval are, as far as this is necessary in particular with regard to local circumstances, to impose the corresponding obligations. This applies also to vehicles with an EC type-approval, whose dimensions that exceed established limits in section 4 para 6. Vehicles used for the carriage, where only the highest permissible gross weight or the highest permissible axle loads, or both in the section 4 paragraph 7, 7a and 8 indicated limits exceed, are to allow pursuant to § 37 and the limitation of approval on certain streets is to pronounce due to the case that the vehicle is wholly or partially loaded and the respective limits are exceeded by the loading , vehicles for the use of roads in the forward and stopping traffic on the duration of use for these purposes; This applies also to vehicles, where according to § 28 para 6, spreading or domestic snow-plough may be attached and which largest width if the attached device 2-led or the ceiling specified by regulation for domestic snow-plough exceeds Z in § 4 paragraph 6."

19 paragraph 41 paragraph 3:

"(3) at the request of two identical copies of the certificate of approval are the owner of the registration. This is to be noted on the respective duplicate registration certificate in smart card format the note "Second card" with the naked eye is readable to install; If in the cases of § 57 par. 8 or article 58, paragraph 1 or 2 of the certificate of approval has been removed, the duplicate may no longer be used and immediately deliver the authority is."

20. in article 45, paragraph 6 is inserted after the term "Vin" the phrase "or the last seven digits of the vehicle identification number".

20A. the following section 47a and heading shall be inserted after section 47:

"National contact point within the meaning of Directive 2011/82/EC


Section 47a. (1) under article 4 of the directive 2011/82/EC to facilitate the cross-border exchange of information on road safety hazardous national contact point for road traffic offences, OJ No. L 288 of the 5.11.2011, S 1, is the Federal Minister of the Interior, which makes this the Central evidence of approval in accordance with § 47 para 4. Automation-supported calls AB Austrian authorities pursuant to article 4 of Directive 82/2011/EU from vehicle admission registers other EU Member States he acts as a service provider within the meaning of § 4 Z 5 Privacy Act 2000 - DSG 2000, Federal Law Gazette I no. 165/1999, for these authorities.

(2) the national contact point has the national contact points of the other EU Member States the automation fourth set support retrieval of registration data through remote data access in accordance with article 4 of Directive 2011/82/EC and article 47, paragraph 4 and to allow under the terms of the subsequent paragraph 3. The computer-assisted retrieval stretches as well as vehicle-specific data of the vehicle on name, family or surname, academic degree, date of birth and address of the owner of the approval, in the case of legal entities or partnerships of under company law to the company and the address.

(3) automatic views in accordance with paragraph 2 may be carried out only by using the full flag of a particular vehicle as the query criteria and only for the purposes of the management of administrative criminal proceedings to the prosecution of one of endangering road safety traffic violations referred to in Z 1 to 8:



1. speeding, 2. non-compliance with the obligation to the intended use of the safety harness or the provisions on parental control, 3. failure to observe of the red light of traffic lights or other relevant stop character, 4. commissioning or driving a motor vehicle in a State of impaired by alcohol, 5. commissioning or driving a motor vehicle in one by addictive poison affected State, 6 non-compliance with the obligation to the intended use of the crash helmet , 7 unauthorized driving on a lane, 8 telephoning while driving without the use of a hands-free device.

(4) any affected approval holder has the right to obtain information about DSG, which the Member State transmitted stored personal data of that person in the Central evidence of approval, including the date of the call and the name of the national contact point in accordance with the provisions of section 26 of the national contact point of the requesting Member State.

(5) the national contact point has to carry out a complete logging of all successful and attempted calls from the noticeable, which transfers from the Central evidence of approval or the vehicle registration records of other EU Member States are allocated to which foreign national contact point or what officials at an Austrian authority. This log data is to store three years and then to delete.

(6) the national contact point submits a report in accordance with article 6 of the directive of 2011/82/EC of the European Commission every two years. This report presents the number of automated search queries addressed to the other contact points of the Member States together with the nature of the offences and the number of fruitless requests. The report contains information on the follow-up measures with respect to the offences for which a letter of information has been shipped also.

(7) the national contact point referred to in paragraph 1 also acts as national contact point in relation to third countries, in intergovernmental agreements with these States according to the principle of reciprocity computer-assisted delivery schedules are agreed by registration data through the respective national contact points for the prosecution of traffic violations. In these cases are the provisions of paragraphs 1 to 5 apply accordingly and the authorities have to proceed according to the procedure described in section 84. In intergovernmental agreements the application of this procedure settable Z 1 to 8 traffic violations referred to and using other query criteria other than those in paragraph 3."

21 § 49 para 3 Z 3 is:



"3. on the hitch of the vehicle roof rack mounted, removable cargo cranes or ski basket mounted on the back of buses mounted on the rear of the vehicle."

22 § 49 para 6 No. 2 is:



"2. on motor bikes, motorcycles, motorcycles with sidecars, three-wheeled motor vehicles without bodywork, four-wheeled vehicles, which exhibit characteristics of a motorcycle in particular through handlebar, seat, operating and display elements, four-wheeled light motor vehicle, self-propelled work machines with a design speed of not more than 40 km/h, tractors, trolleys, motor carts and trailers back."

23 § 57a para 2a the following paragraph shall be inserted after 2 b:

"(2B) the Austrian Federal Guild of automotive technicians leads a list of appropriate personnel as a matter of the transferred area of effect and education passport issues a section 57a - for any suitable person, the suitability of the person and the completion of the required training sets out." In these matters, it is bound to the instructions of the Federal Minister for transport, innovation and technology. The directory of the appropriate personnel can operate also in electronic form as a database. In this database the following data of the appropriate persons may be processed for the purposes of administering the appropriate people:



1 first name, family or last name, 2 degrees, 3. date of birth, 4 sex, 5. principal residence, 6 Professional, 7 note of the respective personal qualification, 8 successful completion of required training, stating the authority carrying out the training.

The agencies carrying out the training have the Austrian Federal Guild of automotive technicians carried out training to communicate. The Austrian Federal Guild of automotive technicians can enter the completed training at the respective persons themselves or directly transfer these entries in consultation with the implementing bodies. The Governor can inspect in proceedings referred to in paragraph 2 or inspections referred to in paragraph 2a in the database. The data referred to in subpara 1 to Z 8 can be stored on the training passport also in electronic form on a single chip. By Decree of the Federal Minister for transport, innovation and technology, detailed provisions on the form and content of the training passport and Eintragungsmodalitäten can be set in the database. The data is after five years from the date at a specific person should be not more than suitable person working to delete."

24 § 57a para 3 No. 2 is:



"2. for trailers, except those after no. 3 and historical vessels referred to in no. 4, annually," 25 section 57a para 10 is eliminated.

26. pursuant to § 57, b is inserted the following paragraph 57 c together with the heading:

"Assessment data bank badge

§ 57c. (1) procedures and acts under this Federal Act concerning production, distribution and issue of the inspection stickers are making by means of automation-supported data processing in the form of a central database (evaluation database badge). The authorised badge manufacturer (§ 57a para 7) have set up a central evaluation database badge and lead. The authorised badge manufacturer can join together for this purpose to a distribution company. The authorised badge manufacturers have to finance this assessment database badge on the inspection sticker price.

(2) the assessment database badge allocation of number ranges and the plaques of the assessment is carried out. The Federal Minister for transport, innovation and technology awards unique number ranges to the authorised badge manufacturers. They divide number ranges and evaluation plaques to the authorities. The authorities in turn distribute the number ranges and evaluation plaques to the bodies authorized to issue or affixing of plaques of the assessment, the authorities, the approval bodies, the bodies authorized pursuant to § 57a para 2, the Federal transport and the country authorities. The bodies authorised to issue or affixing of plaques of assessment have to note what badge (number) for which specific vehicle (chassis number and indicator) has been issued or attached to the vehicle in the assessment base plaque. This mapping can be inserted automatically via an interface in the assessment base plaque. Also has to be evident to the respective place all their printed, damaged, stolen or lost review plaques in the assessment base plaque. In the assessment database plaque all lost or stolen examination authorities stamp must be entered.

(3) within the framework of the evaluation database of plaque, the following personal data of those involved in the procedure may be processed by the competent authorities:



1. from the plaque manufacturers authorized pursuant to § 57a subsection 7: a.

Holder of the authorisation, for natural persons the given name and family or last name and date of birth, legal persons and partnerships of the company law the company and the given name and family or last name of the Managing Director, b. address c. date of the advent of the authorization, any withdrawal, d. are given name and surnames of the persons authorised to enter data or family;

2. from the main compatriots about the posts authorized in accordance with section 57a subsection 2: a. holder of authorization for natural persons the given name and family or last name and date of birth, when legal persons and partnerships of the company law the company and the given name and family or last name of the Managing Director, b. address c. inspection job number, d. data authorising (scope of authorization, any conditions or time limitations , any revocation), e. the appropriate persons with given name and date of birth, family or last name each referred to by the authorized body.

If these data are collected in the course of official authorisation procedures (section 57a subsection 2) already electronically, they can be entered also via an interface to the database.

(4) between the plaque assessment database and the programs used during the review to the creation of the review form, a free interface for data exchange is set up. The respective certificates are automatically online to submit to the plaque assessment database and stored in this. For this purpose, personal data contained on the opinion such as first name and family or last name and address of the owner of the registration, name and address may as well as assessment job number of the location authorized in accordance with section 57a and first name and family or last name of the appropriate person processed and stored. Determined that an opinion has been issued wrongly, this opinion of the Governor can be fitted with a lock note.

(5) in the data stored in the assessment database badge insight can make:



1. the Federal Minister for transport, innovation and technology for the assignment of number ranges and the anonymous the country main men in regard to the badge distribution and in proceedings under section 57a subsection 2 vehicle-specific data as well as the anonymised results of assessments (deficiencies), 2 or at checks points pursuant to § 57a authorized para 2a of and within the framework of special inspections in accordance with section 56 or checks on the spot according to § 58 , 3. authorities in the badge number ranges as well as in the overview of printed, damaged, stolen or lost review plaques and the stolen or lost evaluation points stamp, as well as to the leadership of administrative penal proceedings, 4. organs of the Federal Police for the purposes of this federal law enforcement or criminal investigations, 5. the Federal Institute for transport within the framework of specific checks in accordance with section 56 or checks on site in accordance with section 58 , 6 accreditation on the badge number ranges you are managing and the stored opinion in the authorisation procedure to verify whether the vehicle is, a positive opinion 7 which according to § 57a authorized bodies on the allocated number ranges and plaques and the stored opinion in the case of the exhibition a duplicate opinion.

(6) the stored reports will be deleted after five years, review badge data after seven years in the database.

(7) for the correctness of the registration of the data referred to in paragraph 2 to 4, the body committed to the input is responsible. Granting permission to the consultation of the data bank and the permission to carry out registrations must be that traceability of access to the database is ensured by badge manufacturers. The assessment database plaque has to carry out a complete logging of all successful and attempted data queries from the visible, what data from the inspection database badge were submitted which person. This log data is to store and three years after the creation of the data to delete.

(8) a search of data by the involved authorities referred to in paragraph 5 may be only narrow search criteria. The query must be only possible for



1. the land Premiers, the authorities and the institutions of the federal police by full name data (first name and family or last name) or mark, chassis number or inspection sticker number;

2. the Federal Institute for transport, the approval bodies and the authorities on the basis of license plate, chassis number or inspection sticker number authorized pursuant to § 57a.

The stakeholders referred to in paragraph 5 may use the accessible to them or they process personal data only for the fulfilment of the tasks entrusted to them under this Federal Act.

(9) the anonymous vehicle-specific data, as well as the anonymous content of advice that can be used for statistical purposes or for scientific research."

26A. section 84 together with heading is as follows:

"Cross-border prosecution of traffic offences

84. (1) if at the in article 47a par. 3 No. 1 to 8 above the road safety does not immediately can be determined hazardous traffic violations committed while of the driver of a vehicle with foreign number plates and the license plate of the vehicle, has the authority through an automation-supported call within the meaning of article 4 of 2011/82/EU directive stating the complete flag via the national contact point (§ 47a) to determine the vehicle owner (certification owners) of the vehicle , with which the traffic offence has been committed.

(2) if the authority has brought the data of car owner (owner of admission) through the national contact point in experience and decides to initiate follow-up actions, it has to submit a letter of information to this. This information letter has to contain at least



1. the traffic violation, 2. the place that date and time of the traffic violation, 3, have violated the designation of the legislation which, as well as the sanction, 4. where appropriate, information to the finding the traffic violation used device.

(3) in the case of traffic violations for which the authority pursuant to section 49a VStG has adopted a regulation to the prosecution by means of anonymous orders, the information letter is considered anonymous available, provided be complied with the requirements of § 49a VStG attached to the anonymous available.

(4) the authority may combine the information note referred to in paragraph 2 with a handlebar survey pursuant to § 103 para 2. In this case the writing has to contain information about the consequences of non-disclosure or an incorrect or incomplete indication over the handlebars.

(5) the information letter is also in the language of the registration certificate - if available - or in one of the official languages of the Member State of registration to write.

(6) by regulation of the Federal Minister for transport, innovation and technology, a form can be set for information letter pursuant to paragraph 2, 3 and 4.

(7) the authorities of the national contact point with regard to the report you want to create to the European Commission about the follow-up measures to inform.

(8) the authorities of the Contracting States of the Vienna Convention on road traffic, Federal Law Gazette No. 289/1982, of the Geneva Convention on road traffic, Federal Law Gazette are no. 222/1955, and the Paris Convention on the traffic of motor vehicles, Federal Law Gazette No. 304/1930, requested to provide information for the determination of admission owners when it was involved in an accident or the driver of this vehicle has been punishable by law because of violations of traffic rules. This does not apply for the traffic violations referred to in paragraph 1 in the case of automated retrieval by the national contact point of another Member State of the EU."

26. § 86 para. 3 is omitted.

27 § 94 is eliminated.

28 § 99 paragraph 6 lit. a is as follows:



"(a) in the construction of telecommunications and telecommunication maintenance services, as well as in the electricity, gas and water service," 29 § 99 paragraph 6 lit. i is as follows:



"i) § 20 para 1 Nos. 4 and paragraph 5 stated are in" 30. In § 99 paragraph 6, the point is at the end of the lit. n replaced by a comma and following lit. o added:



o) used to protect participants in officially approved sporting events on the road.

31. in section 102 paragraph 8a fourth set after the phrase "Category M1 or N1" the phrase "or a four-wheeled light motor vehicle with closed cabin-like structure" inserted.

32. is section 102 paragraph 11c:


"(11C) carried out road checks are to keep records and to capture the No. 561 / 2006 data for reporting in accordance with article 17 of Regulation (EC)." These records are to collect from the organs of public security and automation supported by way of the Federal Ministry of the Interior at least quarterly in anonymised form to the Federal Agency for transport for the purposes of the preparation of the report to submit. The control data are as follows:



1 control places a) motorway/main road b) Highway c) Municipal Road 2. number of vehicles and the number of violations it established - with distinction controlled freight or passenger traffic - with details of the seat (International distinguishing sign) of the company a) Austria b) EU/EEA/Switzerland c) third country 3. number of controlled monitors/tachograph to facilities at the time of the control a) digital b) analog 4. number of controlled usage days calendar days allowed for roadside checks.

"No violations were found during a road check, that is noted and there are the data of the company in the case of companies established in Austria (name and address, for natural persons date of birth) to collect and to transmit automatically within seven calendar days of the organs of public security in the ways of the Federal Ministry of the Interior of the authority to take into account in the risk classification system."

33. Article 102 paragraph 12 lit. j is as follows:



"j) of Regulation (EEC) No. 3821/85 as regards the rules on the use of the tachograph, the Show sheet or driver card (art. 13 ff) or of article 10 of the European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR) as regards the rules on the use of the tachograph, the Show sheet or driver card," 34. B paragraph 6 the following paragraph 6a is inserted after article 102:

"(6a) information concerning driver cards from other States by way of remote data access via the information system established for purposes of information issued by the European Commission, in which the national registers of the Member States are joined together, to give the institutions of federal, the Länder and the municipalities, as far as they need it for the performance of their legal duties, are also from the central register of tachograph cards."

35. § 103 para 1 No. 3 lit. a is as follows:



"(a) the required permission of the Steering and the required minimum age or the required certificate on successful completion of the final apprenticeship examination of in-service professional drivers or the required driver qualification certificate (code 95) possess;"

36. According to § 103, b is inserted the following section 103 c together with the heading:

"Risk classification system

§ 103c. (1) all companies that use vehicles falling within the scope of Regulation (EC) No 561/2006, is subject to a risk classification system within the meaning of article 9 of Directive 2006/22/EC. The classification is carried out in accordance with the relative number and severity of violations of regulations (EC) committed by the individual company no 561/2006 and (EEC) No 3821/85 or against the AETR.

(2) companies with a high risk rating will be tested more severe and more frequent.

(3) for the administration of the risk classification system, the authorities of the application provided in the transport company register in accordance with section 24a of the goods transport law, § 18a opportunity traffic law and § 4a motor vehicles line Act yourself.

(4) the risk classification automatically according to a predefined calculation algorithm based on the final punishment and received reports of inspections, which have led to any complaint. For the risk assessment, the following criteria are relevant:



1. number of infringements 2. seriousness of infringements 3. number of checks 4. time factor, where the consideration refers to the last three years. Changes and fixes from administrative penalties within three years are taken into account in the risk classification system. Article 134, paragraph 1 b (annex III to Directive 2006/22/EC) is decisive for the severity of the violations. By Decree of the Federal Minister for transport, innovation and technology the further details as regards the calculation algorithm and the classification can set a low and occurs when a high risk rating.

(5) for the purposes of risk classification No. 561/2006 or (EEC) the authority has the a Strafbescheid for a breach of regulations (EC) No 3821/85 or against the AETR shall issue to note that breach in the transport company register the data of this company after legal effect of the notification. There are also the first name and the family or last name and date of birth of the arm, who has committed the violation, to capture. Companies that are not included in the business register of the traffic, are to rebuild in the part of the transport business register provided for this purpose. There are



1 in the case of natural persons, the first name and the family or last name and date of birth, legal persons and partnerships of the company law the company as well as each address company and 2nd to capture the number if applicable. For the collection of this data, the authority on the data stored in the company register can access and use them. Can messages the police controls that have led to any complaint (section 102 paragraph 11c last sentence), not automatically be associated a company, is to make the allocation of the authority in whose area the control took place.

(6) the labour inspectorate can inspect the data stored in accordance with paragraph 5 to the purposes of the prosecution of offences within the meaning of the penal provisions of the working hours Act (AZG) or work in peace Act (ARG).

(7) the risk classification of an enterprise can be queried by the authorities, for the purposes of the enforcement of the risk classification system and the Labour Inspectorate directly in the risk classification system of the transport business register based on name and address of the company. On request received also information on their respective risk classification."

37. According to article 106, paragraph 10, the following section 10a is inserted:

"(10a) with double decker buses and double-decker-bus supporters without the roof completely closed people on the top passenger deck may be carried only if locally competent provincial Governor at the request has granted a permit to do so. In this authorization is to lay down, on the streets and see what additional requirements, such as in particular the presence of appropriate supervisors a passenger may be carried. "

38. paragraph 106 paragraph 11:

"(11) the transport of persons on a truck bed or cargo is allowed only with"



1. vehicles with a design speed of not more than 40 km/h or followers, who are involved in such vehicles, or 2. with motor vehicles specially stand space provided for, or 3 with motor vehicles or trailers, used in the field of road maintenance on the loading area or on specially work platforms provided for, if a speed not exceeding 40 km/h. , and if the passengers on the vehicle or the load can stop safely, does not have the greatest length and width in § 4 par. 6, Z protrude 1 fixed upper limit on the maximum height of vehicles and not be affected by the charge, and when the load on the vehicle is appropriately secured. With tractors children may only be carried under twelve years on the seats for riders (§ 26 para. 3), when they have completed the fifth year of life, and if there are these seats within a closed cab."

39. paragraph 107 paragraph 1:

"(1) on trips to places an urgent mission or during the pursuit by the judicial watch with in the article 20 par. 1 Z 4 or paragraph 5 stated vehicles find the provisions relating to the maximum permissible speed (§ 98) no application if the § 20 para 1 Nos. 4 and paragraph 5 is transmitted led lights or warning lights blue light."

40. paragraph 108 paragraph 1:

"(1) the making of any applicant for a driving permission and payment making further owners of a driving permission by already acquired knowledge is Z 5 lit without prejudice to § 2 para 1. "c, 4 paragraph 9, first sentence, and 18 FSG and the §§ 119-122a only within the framework of the operation of a driving school allowed."

41. in article 108, paragraph 3, the phrase "and subclassing" is eliminated.

42. in article 109, paragraph 1 lit. f, g and j, section 115, paragraph 2, article 116, paragraph 1 and 4, and article 118 par. 2 eliminates both the phrase "or subclasses". In § 109 paragraph 1 lit. the phrase "or subclass" eliminates g.

43. paragraph 109 paragraph 5:


"(5) the district administrative authority has lit in examination of the personal requirements referred to in paragraph 1. e to h qualifications acquired in another Member State or in another EEA Contracting State within the meaning of Directive 2005/36/EC on the recognition of professional qualifications, OJ No L 255 of 30.9.2005, S 22, as last amended by Regulation (EC) No. 213/2011, OJ No. L 59 of the 4.3.2011, S 4, accordingly to take into account and to assess whether and to what extent they comply with the national requirements. She has to decide thereon within four months."

44. in § 109 paragraph 8, first sentence, is the expression of "92/51/EEC" replaced by "2005/36/EC, as last amended by Regulation (EC) No. 213/2011,".

45. paragraph 110:

"(1) the driving school permit (§ 108 para 3) may only be issued, if the rooms required for the theoretical and practical training of learner drivers, a suitable practice space and resources for teachers, Lehrbehelfe and school vehicles are ensured.

(2) by regulation detailed provisions about the number of teachers required and the type, the number, the size, the composition and the equipment can be set according to the requirements of the traffic and operational safety and the training of motor drivers, accordingly, the necessary facilities, driving range, the Lehrbehelfe and school vehicles the respective State of the art."

46. paragraph 112 paragraph 4:

"(4) changes in terms of the school rooms or an approved driving of school driving range are allowed only with the consent of the district administrative authority; will be decided on the request for approval within three weeks after its introduction, the driving school owner may temporarily make the intended change. Changes in terms of school vehicles are to show the district administrative authority by connecting a copy of the certificate of approval. Such ads are subject to any stamp fee."

47. paragraph 5 is § 112.

48. Article 113, paragraph 1 the following sentence is added:

"If ordered a driving school, so same administrative-criminal liability comes to this, as the owner of driving school."

49. paragraph 114 para 6a:

"(6a) the necessary with regard to the granting of training driving training (§ 122 para 2) must be announced in the otherwise usual way at regular intervals, at least once in each quarter of the year, and performed for any candidate."

50th paragraph 114 paragraph 7:

"(7) the district administrative authority has the performance of driving school and driving range and school vehicles to monitor their spaces, Lehrbehelfe, in good condition and can check at any time whether the conditions for the granting of the lecturer - or instructor permission are still given driving school owner or driving school the conditions for the issue of driving school permit and at the Fahrschullehrern and instructors. Have to ensure that during their absence a person present at the driving school allows you to visit the institutions of the district administrative authority, which are entrusted with the school inspection, the driving school owner or the driving school, she accompanied at their request, the necessary information and granted access to documents. The district administrative authority is empowered to make photocopies, copies or extracts of documents, which are to review in the context of the school inspection, or to submit to the driving school owner or driving school. She may specify that certain notices to post are in the classrooms. She may make further orders to correct deficiencies. The orders of the district administrative authority is to meet without delay."

51. in article 116, paragraph 1, and article 117, paragraph 1, respectively, the phrase "or the subclass C1" is omitted.

52. paragraph 116 paragraph 3:

"(3) before of issuing the lecturer permission (para 1) has the district administrative authority having an opinion of a legally qualified and a technical experts appointed in accordance with article 127, paragraph 2 and 3 in obtaining, whether the applicant has the teaching certificate of the eligible categories of vehicles. This opinion is due to the teaching examination to refund (§ 118). It has only to pronounce whether the peer has the teaching for lecturer for the eligible classes of vehicles or not. If the examination is not passed, so she must be repeated after one month. In the course of the same procedure, the test may be not more than four times repeated. The opinion is to reimburse two experts together and cannot be only "professionally qualified" when are both experts in this view. Rejection or withdrawal of the application for grant of the lecturer permission due to lack of teaching a new application before the expiration of two years may be used."

53. in article 116 paragraph 6a, first sentence, eliminates the word "paid".

54. paragraph 118 sec. 4:

"(4) after the examination the examiners have the examination applicants to announce whether he has passed the exam. If he has not passed the verification, the Auditors have the justification for that purpose to announce. If passed the theoretical examination or their written or oral part, so the theoretical test or the already passed part of repetitions of six months may be no longer removed."

55. § 120 para 5 No. 1 is:



"1. the fire in country fire brigade schools, training for fire-fighting vehicles with a highest permissible total mass can be up to 5 500 kg outside the country fire brigade schools directly through the fire," 56. Article 122 is as follows:

"(1) a candidate for a driving permission for vehicles can perform training driving on roads with public transport accompanied by an owner of a driving permission for that class, if he has a permit from the authority for that purpose. The application for approval of training rides is to contribute at the driving school attended by the applicant to a driving permission and to capture this in the license register. On the application, the authority has to decide in whose area the school attended by the applicant is established. One or two escorts shall be indicated in the application. This may assume no remuneration for their work.

(2) the permit mentioned in paragraph 1 shall be granted if the following requirements are met:



1 the candidate for a driving permission needs a) the required minimum age (§ 6 FSG) have achieved or achieve in six months at the latest, b) transport reliable (§ 7 FSG), c) fit for the steering of motor vehicles of the class (§ 8 FSG) be and d) to prove that he has; completed the theoretical training, theoretical instruction together with a companion and practical competency and basic training in the context of the operation of a driving school

2. the companion a) Steering permission for that class must have at least seven years, b) to vehicles of its class have drawn during the three years immediately preceding the introduction of the application for the permit, c) must be in a particular close relationship to the applicant and d) must be within the lit. b specified time not due to a § 7 paragraph 3 offences referred to FSG be punished and may have not two to consider reservations within the meaning of section 30a, paragraph 2 FSG.

(3) the permit must an applicant to a driving permission only once and for no longer than 18 months are granted. Or the companion is to lead in the permit notification by name. The authorisation shall as far as may be necessary on the basis of the surveys or because of the nature of the desired steering authority according to the requirements of road safety, under the appropriate conditions or temporal, local or factual limitations of validity to grant. The granting of the authorization to carry out practice trips to applicants where the driving license was revoked is not permitted during the withdrawal period.

(4) a permit to carry out practice runs in preparation for the practical driving test for no longer than six months to give is owners of a driving permission granted in a non-EEA State, which should make more use of this in Austria and FSG are subject to the procedure referred to in article 23, para. 3, upon request. The application can be submitted to any authority. For such permits paragraph 5 applies lit no and para. 2 No. 1. (d) is to apply subject to the proviso that only the theoretical instruction together with the companion is to prove.


(5) after the grant of the authorisation, the applicant has to perform the practical home schooling in the form of training rides with the companion a driving permission. Through these training rides is a trip log. Together with the companion making a drive within the framework of a driving school is after at least 1 000 kilometres and it is to complete the perfection of training at a driving school. The scope and the content of training parts involved in driving school are set by regulation. The trip log is to provide FSG of the authorities together with the proof of completion of required training in accordance with section 10, paragraph 2.

(6) the applicants for a driving permission has to comply with given conditions or restrictions in the permit notification and has the granting and official photo identification, the companion on exercise rides to take his driver's license and handed over the bodies of the public security service and road supervision at the request of the review. The companion has the Z 1 to 5 in section 114 para 4 lit. a stated obligations to fulfill. When performing exercise rides the alcohol content of the blood not more than 0,05 mg / l exceed the applicant for a driving permission as well as the companion not more than 0.1 g / l (0.1 per mille) or the alcohol content of the breathing air.

(7) the companion has to make sure that during practice rides front and rear vehicle a sign with the letters is attached to a panel with the fully visible and always legible and indelible inscription "Practice run" and "L" in completely visible and legible and unverwischbarer white letters on a light blue background.

(8) the approval mentioned in paragraph 1 expires by lapse of time. The grant is to withdraw, if



1. the conditions for its issue are no longer given 2nd which prescribed restrictions or conditions are not respected when they were granted, 3rd that used vehicle not traffic - and reliable or repeatedly not referred to in paragraph 7 is marked for practice runs, 4th in the conduct of training driving a competitor for a driving permission the granting or the official photo ID or the companion his driver's license has repeatedly not , 5. when performing exercise rides when the applicant a driving permission or the companion the alcohol content of the blood more than 0.1 g / l (0.1 per mille) or the alcohol content of the air is more than 0.05 mg / l.

In the case of the withdrawal of the approval is. the granting to deliver the authority without delay"

57. Article 123 para 1a is inserted after the following paragraph 1 b:

"(1B) the judge authority can raise complaints about law as laid down by the administrative court against decisions of the independent administrative Senate."

58. the section 132 29 the following paragraph is added:

"(29) with regard to the changes made by the Federal Act Federal Law Gazette I no. 43/2013 the following transitional rules apply:"



1. Article 2, paragraph 1 Z 15b as amended by Federal Law Gazette I no. 43/2013 does not apply for Lightweight motorcycles; already approved before the entry into force of this provision This must match the existing regulations but;

2. pre-approved or approved disability vehicles may continue to be used and are subject to the provisions applicable to them; so far such vehicles must be not approved or approved;

3. section 14. 6c and § 16 section 6 do not apply to vehicles that already have been approved before the entry into force of these regulations; This must match the existing regulations but;

4. § 16 par. 5 amended by Federal Law Gazette I no. 43/2013 does not apply to vehicles that already have; been approved before March 1, 2013 This must match the existing regulations but;

5. in the output or affixing of plaques of the assessment, legitimate bodies existing assessment plaques distributed do not yet have the database and are included in this, may be used until 31 December 2014; from 1 January 2015 the opinion pursuant to § 57a on the plaque assessment database shall be in any case;

6 section 116 are paragraph 3 in the version of Federal Law Gazette I no. 43/2013 is not concluded that still on pending cases, by ruling to apply;

7 § 116 paragraph 6a as amended by Federal Law Gazette I no. 43/2013 does not apply to unpaid training begun before March 1, 2013; Persons who have completed such training, may participate until September 30, 2013 to the teaching qualification examination;

8. before issued March 1, 2013 practice driving permits pursuant to § 122 remain still valid; at the request of the validity period is 18 months to extend; Applications for a permit to carry out exercise rides in accordance with article 122, which were placed before March 1, 2013, are according to the legal situation applicable up to that time to finish;

"9 Article 123, paragraph 1 (b) in the version of Federal Law Gazette I no. 43/2013 does not apply to proceedings in which the decision of the independent Administrative Tribunal was taken before March 1, 2013."

59. the following paragraph 7 is added the section 134.

"(7) is a manipulation of a tachograph is determined, they can be so revoked explain manipulation facilities."

60th 25 the following paragraph is added to § the 135:

"(25) the changes made by the Federal Act Federal Law Gazette I no. 43/2013 apply as follows:"



1. § 16 para 5, § 41 para 3, § 102 b para 6a, § 116 paragraph 6a and article 122 article 123, paragraph 1 b respectively as amended by Federal Law Gazette I no. 43/March 1, 2013, 2013 2. § 37 para 2 lit. h and section 57c in the version of Federal Law Gazette I no. 43/2013 1 October 2014, 3. § 102 paragraph 11 c and § 103 c in the version of Federal Law Gazette I no. 43/2013, coinciding with section 24a of the goods transport law, § 18a opportunity traffic law and § 4a motor vehicles line Act, 4. § 47a, article 84 and article 136 par. 3 b in the version of Federal Law Gazette I no. 43/2013 with 7 November 2013; at the same time § 86 para 3 override.

Regulations on the basis of this Federal Act (Federal Law Gazette I no. 43/2013) can be adopted from the day following its promulgation. You may apply at the earliest with the entry into force of this Federal Act."

61. Article 136 par. 1 lit. h is as follows:



"h) of section 48 para 1 second sentence, section 54, paragraph 4, and of article 102 paragraph 11 c with the Federal Minister of the Interior;"

62. in § 136 paragraph 3, b is inserted after the reference "section 47 paragraph 4" the phrase "and § 47a".

Article 2

Change of the driver's license law (15 FSG Novella)

The driver's license law (FSG), Federal Law Gazette I no. 120/1997, as last amended by Federal Law Gazette I no. 50/2012, is amended as follows:

1. in article 2, paragraph 1, no. 4 lit. (b) and section 2 para 1 No. 5 lit. the phrase "with a capacity of more than 15 kW" is b respectively.

1a. in § 2 para 4 Z 4 replaced the word "Motorcycle" with the word "Motorcycles".

the following sentence is added 1B. § 5, paragraph 6:

"The provisions of section 18a (1) to 3 respectively last sentence remain unaffected."

2. in article 7, paragraph 8, second sentence, is from the word "has" the phrase "-except for the driving permission class AM-" added.

3. in article 12, paragraph 2 No. 2 is the reference "(§ 19 Abs. 3 FSG)"replaced by the reference "(§ 19 FSG)".

3A. Article 13, paragraph 1, first sentence, is:

"With the successful completion of the practical driving test the driving permission without prejudice to the provisions of paragraph 7, article 18, paragraph 2 applies fifth sentence of article 18a, paragraph 1 and 2 each last sentence and § 20 para 1 last sentence under the limits each laid down in accordance with article 5, paragraph 5, restrictions or conditions as granted."

4. in article 13, paragraph 6, third sentence is the phrase "in a non-EEA State (§ 15 para 1 second sentence of FSG)" replaced by the phrase "not in Austria".

4A. 2 the following paragraph is inserted in article 14:

"(2) exempt from the provisions of paragraph 1 are steering of tractors, motor carts and self-propelled work machines to journeys within a radius of not more than 10 km from the permanent location of the vehicle."

4B. In article 15, paragraph 3, second sentence is omitted the phrase "for the corresponding classes".

5. in § 16 par. 2, first and second sentence is inserted after the word "Driving schools," the phrase "Associations of motor vehicle owners, provided that they are represented in the force driving Advisory Board," each.

6. in article 16, paragraph 2 fourth set, section 16 b paragraph 1, 2, 3 Z 1 to 3 and para 4, § 17 para 2 Z 2 to 5 and § 17 para 2 last sentence is the references to section 16a before the numeric labels inserted the phrase "Paragraph 1".

7 § 16a para 1 No. 6 is:



"6. the relevant information on a permit to conduct training cruises (§ 19) and to carry out training driving (§ 122 para 2 KFG 1967) and the date of termination of this activity;"

8. in article 16a, paragraph 1, 13a is inserted following Z:



"(13A. Daten der in § 16 ABS. 2 genannten Vereine von Kraftfahrzeugbesitzern, die INDEM örtlichen Wirkungsbereich der Behörde ihren sitz haben: a) names of individual training as well as the names of the respective head, b)"

the address of the training agencies, c) name and first names of employees of the Association, who are entitled to the data of the driving licence register to access,"9. In § 16 of para 1 first sentence, the phrase "and g to j" is replaced by the phrase ", g-k and Z 3 lit. a to e and l to n".

10. in § 16 of para 1 third sentence 4 is added following Z:



"4. section 16a para 1 No. 6, where's the application for the granting of training rides (§ 122 KFG 1967) and train (§ 19) concerns."

11. in article 16, b the following paragraph 1a is inserted:

"(1a) the Association of motor vehicle owners, provided he is represented in the force driving Advisory Board, may - as far as it for issuing the driving permission on the class most is required - to in article 16a para 1 subpara 1 lit." a to i, l, m, and Z 2 lit. a, b, c (as far as the result of transport reliability testing), e (as far as the result of the investigation), f (but not the reason for the limit, restriction or pad), g, h and Z 3 lit. inspect data to (n) a to e and l. The Club has to collect the following information electronically and to submit the licence register by way of remote data transmission:



1. Article 16a para 1 subpara 1 lit. a to i, l and m, 2. § 16A para 1 subpara 2 lit. a, b and h as far as's steering permission for the class most concerned, 3. section 16a para 1 No. 3 lit. m and n.

The Association is making a request to the central population register. This is exempted from fees."

12. in article 16, para 2 is inserted following Z 3a:



"3a. Article 16a, paragraph 1 Z 4 lit. h as far as the arrangement of the special measures referred to in article 30 b,"13. § 16b paragraph 2 is not available in the No. 6 and the Z 5 is:



"5. Article 16a para 1 No. 8."

14. in article 16, b paragraph 3 is inserted following Z 3a:



"3a. section 16a para 1 No. 6, where's the application requirements and the outcome of the procedure on granting a permit of practice runs (§ 122 KFG 1967) and training cruises (§ 19) concerns;" the data to bearing no. 4 of the school referred to in paragraph 1 can be entered also by the authority,"15. In article 18, paragraph 1, the last two sentences are eliminated.

16 paragraph 18 para 2:

"(2) the existence of the conditions for issuing a driving permission on the class most is from the driving schools or associations of motor vehicle owners, provided that they are represented in the force driving Advisory Board to review and to enter in the license register." This is to determine the identity of the candidates on the basis of a passport or identity card and enter the Reisepass - or passport number in the license register. The proof of identity on the basis of other documents can be done only at the authority. As soon as the conditions referred to in paragraph 1 are met, a provisional driving licence is to exhibit the driving school or the Club. By way of derogation from article 13, paragraph 1 first sentence applies with the exhibition of this provisional driver's license driving permission the class most as granted. For the procedures for the issue of driving privilege for the class most at the associations of motor vehicle owners article 5, paragraph 1 and 3 shall apply mutatis mutandis. The provisions of section 15, paragraph 2, or is the voluntary exchange of a moped card in a driving licence of the class most requested (duplicate), it to make the relevant request to the authority. The license for the class most has the same permission level as the moped card to cover. "With the exhibition of driver's license for the class on the moped card loses its validity and is, if possible, to deliver the authority."

16A. in article 18a, paragraph 1 shall be added the following records:

"2 is completed the practical training according to Z, the provisional driving licence by the authority is to issue. By way of derogation from § 13 para 1 first sentence considered with the exhibition of this provisional driver's license driving permission for class A2 given. For the acquisition of a driving permission on the class A2 according to the provisions of this paragraph a medical opinion without prejudice to the provisions of § 24 para 4 is only required, if the request is made after completion of the 30th year of life and the last medical opinions at the time of the decision is more than 18 months old."

16B. Article 18a, paragraph 2 shall be added the following records:

"2 is completed the practical training according to Z, the provisional driving licence by the authority is to issue. By way of derogation from § 13 para 1 first sentence considered with the exhibition of this provisional driver's license driving permission for the class A given. For the acquisition of a driving permission on the class A according to the provisions of this paragraph a medical opinion without prejudice to the provisions of § 24 para 4 is only required, if the request is made after completion of the 30th year of life and the last medical opinions at the time of the decision is more than 18 months old."

16. in article 18a, paragraph 3 the following sentence is added:

"A medical opinion is required in this case without prejudice to the provisions of § 24 para 4 only if the request is made after completion of the 30th year of life and the last medical opinions at the time of the decision is more than 18 months old."

17 paragraph 19:

"(1) a candidate for a driving permission on the class B requested the training variant of the early steering permission on the class B, so he can begin no earlier than six months after the age of 15 years driving school training cruises.

(2) 6 and 8 KFG apply for the granting of the approval of training cruises and the implementation of training cruises § 122 para 1 to 3, 1967, whereby § 122 para 2 subpara 1 lit. to apply d KFG in 1967 with the proviso is that the is to complete Z 2 prescribed in the Ordinance and scope of theoretical and practical training in accordance with paragraph 4. The applicant is a minor, and not at least one of the companions is also the legal guardian of the applicant, is the driving school to submit a declaration of consent of the legal guardian. Training rides may be carried only under the supervision of a companion. A trip log is in the implementation of the training rides. The companion has to make sure that the vehicle is marked accordingly in the conduct of training cruises. If the steering for the class year is granted B before the age of 18, the trial period (section 4) in any case, lasts until the age of 20 years.

(3) in the course of the training to the early steering permission on the class B training cruises are complete to the extent of at least 3 000 km. After each 1 000 kilometres, the applicant and or a companion have a training, which includes a training ride, to visit at the driving school. After 3 000 kilometres, the candidate has to visit a perfection training in driving school. The training rides by each 1 000 kilometres are evenly distributed each over a period of at least two weeks to complete. About the completion of the accompanying training, confirmation to exhibit is the candidate of the driving school. After completion of all required training, at the earliest but with age of 17 years, the applicants to the practical driving test is to admit if driving school confirmed the successful completion of the prescribed training.

(4) the Federal Minister for transport, innovation and technology has more provisions to establish by regulation:



1. the form of submission for early steering permission of class B and the training rides, as well as the necessary evidence, 2. the theoretical and practical training requirements for the approval of training rides, 3. the form of the marking of the vehicles for training runs, 4. the trip log and the training trip confirmation, 5. the content and scope of the accompanying training and perfection training in accordance with paragraph 3 and the special training requirements for driving instructors "that perform the training."

18 section 30a para 2 subpara 2 is:



"2. violations of § 20 para 4;

19 section 30a para 2 No. 3 is omitted.

20 section 30a para 2 Z 11 is:



"11 violations of the 96 paragraph 1 Nos. 5 and 6 and article 99 par. 1 Z 1 to 5 of the railway crossing regulation 2012, Federal Law Gazette II No. 216/2012;"

21. in article 34, b the following paragraph 4a is inserted:

"(4a) people who are owners of a lecturer's permission and during this period at least as driving instructors are exempt each with regard to the training of the requirement of paragraph 1 Z 3 Z 4 and para. 2 and to the driving examiners for those classes which are covered their lecturer permission, have been active for at least five years will be ordered. In addition can be ordered owners of a lecturer permission that does not meet the requirement of paragraph 1 Z 5, the examiner, if they at least ten years as a driving instructor or at least five years as a lecturer worked."

21A. in article 40, para. 3, first sentence, the phrase "The class A precursor" replaced with the phrase "Class A1".

22. the section 41 11 the following paragraph is added:


"(11) permits to carry out training cruises were issued before March 1, 2013, remain valid. Applications for a permit by training cruises in accordance with article 19, which were placed before the 1st of March, are according to the legal situation applicable up to that time to finish."

23 21 the following paragraph is added to article the 43:

"(21) § 19 in the amended by Federal Law Gazette I 43/2013 replaces No. 1 March 2013 in force."

Fischer

Faymann